Asm. Adam C. Gray

This measure would recognize February 2020 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, encourage the people of California to recognize the many talents of African Americans and the achievements and contributions they make to their communities to create equity and equality for education, economics, and social justice, and recognize the significance in protecting citizens' right to vote and remedying racial discrimination in voting.

The California Constitution prohibits various gambling activities within the state, including casino-style gaming, but authorizes the Governor, subject to ratification by the Legislature, to negotiate and conclude compacts for the operation of slot machines and the conduct of lottery games and banking and percentage card games by federally recognized Indian tribes on Indian lands in California in accordance with federal law. The California Constitution also authorizes the Legislature to provide for the regulation of horse racing, charitable bingo games, the California State Lottery, and charitable raffles. This measure would authorize the Legislature by statute to authorize and provide for the regulation of sports wagering.

The Personal Income Tax Law imposes taxes on taxable income, as provided, and existing law provides for the administration of those taxes. The California Constitution, until December 1, 2031, imposes specified income tax rates and brackets on income above $250,000. Existing law, approved as Proposition 37 at the November 7, 1984, statewide general election, prohibits a state or local tax from being imposed on any prize awarded by the lottery. This measure would apply the Personal Income Tax Law rates, the constitutional income tax rates described above, and the laws regarding administration of the income tax to a prize awarded by the lottery that is in an amount equal to or greater than $1,000.

Existing law delegates to the Fish and Game Commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles, except as provided. This bill would require the commission to establish a program to increase opportunities to hunt big game, upland game birds, and migratory game birds for youth with terminal illnesses and youth who lost a parent in service to the state or country, as defined, and would require the commission to report any findings to the Legislature and the Governor on or before January 1, 2022, on the progress of the program.

Existing law authorizes the state, a local or regional public fire agency, or a local or regional law enforcement agency to establish a peer support and crisis referral program to provide a network of peers available to aid fellow emergency services or law enforcement personnel on emotional or professional issues. Existing law authorizes emergency services or law enforcement personnel to refuse to disclose, and to prevent another from disclosing, a confidential communication between them and a peer support team member, crisis hotline staff member, or crisis referral service, except under limited circumstances, including in a criminal proceeding. Under existing law, a person providing peer support services, as specified, and the agency that employs that person are not liable for damages, except in an action for medical malpractice, relating to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. This bill would authorize the Department of Corrections and Rehabilitation to establish a peer support and crisis referral program until January 1, 2024. The bill would extend the above-described confidentiality protections to correctional personnel who participate in a peer support and crisis referral program and would extend the above-described liability protections to the department and correctional employees who are peer support team members. The bill would require the department to establish a peer support advisory committee to advise, assist, support, and advocate for the program, and to establish a selection panel to screen and process applications, interviews, and member selection for the committee.

This measure would proclaim March 15, 2020, to March 22, 2020, as California Down Syndrome Awareness Week and March 21, 2020, as California Down Syndrome Day, and would encourage all Californians to support and participate in related activities.

Existing law prohibits an employer from discontinuing or changing coverage for medical or other health benefits for its employees without providing specified notice of the termination or change at least 15 days in advance. This bill would prohibit an employer of 100 or more employees from terminating, reducing, or modifying the employer's contribution to an employee's health care coverage while the employee is engaged in a lawful strike.

Existing law, the Alcoholic Beverage Control Act, prohibits specified holders of alcoholic beverage licenses from having specified relationships with an on-sale alcoholic beverage licensee, with limited exceptions. Existing law permits a manufacturer, winegrower, rectifier, distiller, distilled spirits wholesaler, or any agent of those licensees, to conduct market research and, in connection with that research, to purchase from licensed off-sale retailers data, regarding purchases and sales of alcoholic beverage products, at the customary rates that those retailers sell similar data for nonalcoholic beverage products, provided that no licensed retailer shall be obligated to purchase or sell the alcoholic beverages of the manufacturer, winegrower, rectifier, or distiller. A violation of the act is a misdemeanor, unless another penalty or punishment is specified. This bill would additionally include a distilled spirits wholesaler in the provision prohibiting a licensed retailer from being obligated to purchase or sell the alcoholic beverages of the licensee conducting the market research. Because the violation of this provision would be punishable as a misdemeanor, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits the sale, distribution, or nonsale distribution of tobacco products, as defined, directly or indirectly to any person under 21 years of age through the United States Postal Service or through any other public or private postal or package delivery service. Existing law requires a person selling or distributing tobacco products directly to a consumer through the United States Postal Service or by another postal or package delivery service to comply with specified age-verification policies, including, if the customer or recipient's age cannot be verified in another manner, requiring the customer or recipient to submit an age-verification kit containing a copy of a valid form of government identification. Existing law includes a passport as a valid form of government identification. Existing law authorizes enforcing agencies to assess civil penalties for violations of the STAKE Act. This bill would require a passport used as government identification to be valid and would provide that, if a customer or recipient provides an identification card issued by the United States Armed Forces as proof of age, and the identification lacks a physical description, but includes date of birth and a photograph, further proof of age is not required.

Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with supportive services in order to permit them to remain in their own homes. Existing law requires the state and counties to share the annual cost of providing IHSS, and requires all counties to have a rebased County IHSS Maintenance of Effort (MOE) , as prescribed. Existing law requires the state to pay 65%, and each county to pay 35%, of the nonfederal share of wage and benefit increases when any increase in provider wages or benefits is locally negotiated, mediated, or imposed by a county, public authority, or nonprofit consortium, or any increase in provider wages or benefits is adopted by ordinance, and associated employment taxes, as specified. Existing law requires the rebased County IHSS MOE to be adjusted for the annualized cost of those local increases. This bill would, until January 1, 2025, instead require the state to pay 70%, and each county to pay 30%, of the nonfederal share of wage and benefit increases and associated employment taxes in any impasse county, as defined, that enters into a collective bargaining agreement, as specified, with its providers between January 1, 2020, and December 31, 2021. The bill would make conforming changes to related rebased County IHSS MOE provisions.